Статья 21«Соглашение между Правительством Российской Федерации и Правительством Ирландии о воздушном сообщении» [рус., англ.]

1. Настоящее Соглашение вступит в силу со дня его подписания.

2. Со дня вступления в силу настоящего Соглашения прекращают свое действие в отношениях между Российской Федерацией и Ирландией Соглашение между Правительством Союза Советских Социалистических Республик и Правительством Ирландии о транзитных полетах Аэрофлота между СССР и странами Западного Полушария с технической посадкой в аэропорту Шеннон от 23 января 1980 года, Соглашение между Правительством Союза Советских Социалистических Республик и Правительством Ирландии о воздушном сообщении от 29 сентября 1987 года, Меморандум о взаимопонимании от 29 сентября 1987 года, с поправками к ним.

Совершено в г. Москве 31 марта 1993 года в двух подлинных экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

A. Авиапредприятию(ям) Российской Федерации, назначенному согласно настоящему Соглашению, предоставляется право на осуществление воздушных сообщений на следующих маршрутах в обоих направлениях:

Маршрут A (i): Пункты в Российской Федерации — промежуточный пункт (исключая любой пункт в Великобритании) — Дублин, Шеннон и любые другие пункты, которые подлежат определению позднее;

Маршрут A (ii): Дублин — Москва — пункты в Японии;

Маршрут A (iii): Шеннон — Москва — пункты в Японии;

Маршрут A (iv): Пункты в Российской Федерации — Шеннон — пункты в Западном Полушарии.

B. Авиапредприятию(ям) Ирландии, назначенному согласно настоящему Соглашению, предоставляется право на осуществление воздушных сообщений на следующих маршрутах в обоих направлениях:

Маршрут B (i): Пункты в Ирландии — промежуточный пункт (исключая любой пункт в Великобритании) — Москва, Санкт-Петербург и любые другие пункты, которые подлежат определению позднее;

Маршрут B (ii): Дублин — Москва — пункты в Японии;

Маршрут B (iii): Шеннон — Москва — пункты в Японии;

Маршрут B (iv): Пункты в Ирландии — Москва — Ташкент (с целью технических посадок) — пункты в Юго-Восточной Азии, Австралии и Новой Зеландии.

C. Примечания:

1. Право назначенного авиапредприятия(ий) одной Договаривающейся Стороны перевозить пассажиров, грузы и почту между пунктами на территории другой Договаривающейся Стороны и пунктами на территории третьих сторон, а также условия эксплуатации указанного выше маршрута между Ирландией и Японией будут предметом договоренности между авиационными властями Договаривающихся Сторон;

2. Каждой Договаривающейся Стороной может быть назначено только одно авиапредприятие для осуществления полетов на указанных выше в пунктах A (ii), A (iii) и B (ii), B (iii) маршрутах между Ирландией и Японией;

3. Расписание и частота полетов, а также типы воздушных судов назначенных авиапредприятий должны быть предварительно согласованы между авиационными властями Договаривающихся Сторон;

4. Пункты в Юго-Восточной Азии на маршруте B (iv) означают пункты в Пакистане, Индии, Шри-Ланке, Бангладеш, Мьянме, Таиланде, Кампучии, Вьетнаме, Малайзии, Сингапуре и Индонезии;

5. Чартерные, дополнительные и специальные рейсы могут выполняться по предварительной заявке назначенного авиапредприятия(ий); эта заявка должна быть представлена не менее чем за сорок восемь (48) часов до вылета, за исключением выходных и праздничных дней.

AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF IRELAND AND THE GOVERNMENT OF THE RUSSIAN FEDERATION

(Moscow, 31.III.1993)

The Government of Ireland and the Government of the Russian Federation, hereinafter called the «Contracting Parties», being parties to the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December 1944,

Desiring to conclude an Agreement for the purpose of establishing air services between and beyond their respective territories,

Have agreed as follows:

1. For the purpose of the present Agreement, the following terms mean:

1. the term «territory» in relation to a State means land areas, territorial and internal waters and air space above them under the sovereignty of that State;

2. the term «aeronautical authorities» means, in the case of the Government of Ireland, the Minister for Transport, Energy and Communications or any physical or juridical person authorised to perform any functions exercised by the said Minister; and, in the case of the Russian Federation, the Ministry of Transport represented by the Department of Air Transport, or any physical or juridical person authorised to perform any functions exercised by the said Ministry;

3. the term «designated airline» means each airline designated and authorised in accordance with the provisions of Article 4 of the present Agreement;

4. the term «tariff» means the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail;

5. «Convention» means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944 and includes any annex and any Amendment thereto adopted under Article 90 of the Convention to the extent that such Annex and amendment thereto are applicable to the Contracting Parties and any amendment of the Convention adopted under Article 94 of the Convention ratified by Ireland and the Russian Federation respectively;

6. «Air service», «international air service», «airline» and «stop for non-traffic purposes» have the meanings respectively assigned to them in Article 96 of the Convention.

2. The «Annex» to the present Agreement shall be considered as an integral part of the Agreement.

Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of establishing scheduled international air services on the routes specified in the Annex hereto, (hereinafter called «the agreed services» and «the specified routes»).

1. The airline(s) designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following rights:

(a) to fly across the territory of the other Contracting Party without landing;

(b) to make stops in the territory of the other Contracting Party for non-traffic purposes at the points set out in the Annex to the present Agreement;

(c) to make stops in the territory of the other Contracting Party at the points specified for that route in the Annex to the present Agreement for the purpose of taking on and/or putting down international traffic in passengers, cargo and mail.

2. Nothing in this Article shall be deemed to confer on the airline(s) of one Contracting Party the right of taking on and/or putting down passengers, cargo and mail for their transportation between points in the territory of the other Contracting Party for remuneration or hire.

3. The flight routes of aircraft on the agreed services and the points for crossing national boundaries may be established by each of the Contracting Parties within its territory.

4. All the technical and commercial matters concerning the operation of aircraft and transportation of passengers, cargo and mail on the agreed services as well as the matters concerning commercial co-operation, ground technical services of aircraft and procedure for financial accounts shall be settled by agreement, which shall be signed before the agreed services commence, between the designated airlines of the Contracting Parties. In the absence of agreement, these matters shall be submitted for decision to the aeronautical authorities of the Contracting Parties.

1. Each Contracting Party shall have the right to designate in writing to the other Contracting Party more than one airline for the operation of the agreed services on the specified routes, unless otherwise agreed between the Contracting Parties in respect of certain specified routes.

2. On the receipt of such notification, the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this Article, without delay grant to the designated airline(s) the appropriate operating authorisation.

3. The aeronautical authorities of one Contracting Party may require the airline(s) designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied by them in conformity with international practice while operating international air services.

4. Each Contracting Party shall have the right to refuse to accept the designation of an airline(s) and to withhold or revoke the grant to an airline(s) of the rights specified in Article 3 of the present Agreement or to impose such conditions as it may deem necessary on the exercise by the designated airline(s) of those rights in any case where it is not satisfied that substantial ownership and effective control of that airline(s) are vested in the Contracting Party designating the airline or in its citizens.

5. The designated airline(s) may at any time begin the operation of the agreed services provided that tariffs established in accordance with the provisions of Article 13 of the present Agreement are in force in respect of that service.

6. Each Contracting Party shall have the right to suspend the exercise by an airline(s) of the rights specified in Article 3 of the present Agreement or to impose such conditions as it may deem necessary on the exercise by an airline(s) of those rights in any case where the airline(s) fail to comply with the laws or regulations of the Contracting Party granting those rights or otherwise fails to operate in accordance with the conditions prescribed in the present Agreement. Such rights shall be exercised only after consultations with the other Contracting Party unless immediate suspension or imposition of conditions is essential to prevent further infringements of laws or regulations.

1. Fuel, lubricants, spare parts, equipment, aircraft stores (including food, alcoholic and non-alcoholic drinks and tobacco) and advertising materials, delivered or which are to be delivered by the designated airline(s) of one Contracting Party, or on its instruction, to the territory of the other Contracting Party for its operational needs and shall be exempt from all the customs duties, inspection fees and other charges and taxes on their arrival, departure and while within the territory of that other Contracting Party.

2. There also shall be exempted from such charges, fees and taxes (with the exception of fees for service):

(a) aircraft stores (including food, alcoholic and non-alcoholic drinks and tobacco) taken aboard aircraft in the territory of either Contracting Party for use in international flight;

(b) spare parts introduced into the territory of one Contracting Party for maintenance or repair of aircraft engaged in the operation of international services by the designated airline(s) of the other Contracting Party;

(c) fuel and lubricants intended for use in the operation of the agreed services by aircraft of the designated airline(s) of either Contracting Party, even when these supplies are to be used on the part of the route performed within the territory of the Contracting Party in which they are taken on board.

Supplies referred to in paragraphs (a), (b) and (c) above may be required to be kept under customs supervision or control.

3. Aircraft operating the agreed services as well as supplies of fuel, lubricants, spare parts, equipment, advertising materials and aircraft stores (including food, alcoholic and non-alcoholic drinks and tobacco) aboard the aircraft of the airline(s) designated by one Contracting Party shall be exempt in the territory of the other Contracting Party from all the customs duties, inspection fees and other charges and taxes even in case when the said supplies shall be used for that aircraft or by that aircraft while within that territory provided such supplies are not alienated in the territory of that other Contracting Party.

1. The designated airline(s) of each Contracting Party shall have fair and equal opportunity to carry on the agreed services traffic embarked in the territory of one Contracting Party and disembarked in the territory of the other Contracting Party or vice versa.

2. The agreed services provided by the designated airline(s) of each Contracting Party shall be closely related to the requirements of the public for transportation on the specified routes and each of them shall have as its primary objective the provision of capacity adequate to meet the demands to carry passengers, cargo and mail embarked or disembarked in the territory of the Contracting Party which has designated the airline(s).

3. Provision for the carriage of passengers, cargo and mail embarked in the territory of the other Contracting Party and disembarked at points in third countries on the specified routes or vice versa shall be made in accordance with the general principle that capacity shall be related to:

(a) the requirements of traffic to and from the territory of the Contracting Party which has designated the airline(s);

(b) the requirements of traffic of the area through which the agreed service passes, after taking account of local and regional services; and

(c) the economical requirements of through airline operation.

4. Intending passengers shall be free when buying tickets in respect of an agreed service in either Ireland or the Russian Federation to fly on either of the designated airlines.

Passengers, baggage and cargo in direct transit across the territory of one Contracting Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against violence, air piracy and smuggling of narcotic drugs, only be subject to a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

1. The laws and regulations of one Contracting Party governing entry into and departure from its territory of aircraft engaged in international air navigation or operation and navigation of such aircraft while within its territory shall apply to aircraft of the designated airline(s) of the other Contracting Party.

2. The laws and regulations of one Contracting Party governing entry into, stay in and departure from its territory of passengers, crew, cargo and mail, such as formalities regarding passports, customs, currency and sanitary measures, shall apply to passengers, crew, cargo and mail carried by the aircraft of the designated airline(s) of the other Contracting Party while they are within the said territory.

1. Aircraft of the airline(s) designated by one Contracting Party during flights over the territory of the other Contracting Party shall have its national wing and registration marks, certificates of registration, certificates of airworthiness and other aircraft documents established by the aeronautical authorities of the first Contracting Party and also permission for radio equipment. Pilots and other crew members shall have effective personal certificates of competency.

2. All the aforementioned documents issued or recognised as valid by one Contracting Party shall be recognised as valid within the territory of the other Contracting Party.

1. In the case of a forced landing or accident of an aircraft of one Contracting Party within the territory of the other Contracting Party, the aeronautical authorities of the Contracting Party in whose territory the accident takes place shall immediately notify the aeronautical authorities of the other Contracting Party thereof, take immediate steps to assist the crew and the passengers, provide for the safety of the aircraft and mail, baggage and cargo on board and take necessary measures for an inquiry into the particulars and circumstances of the accident.

2. The aeronautical authorities of the Contracting Party conducting the inquiry into the particulars and circumstances of the accident shall inform the aeronautical authorities of the other Contracting Party of the holding of the inquiry and the aeronautical authorities of the other Contracting Party shall be granted full facilities to be represented at the inquiry. The aeronautical authorities of the Contracting Party conducting the inquiry shall send to the aeronautical authorities of the other Contracting Party the report of the inquiry as soon as it is available.

Fees and other charges for the use of each airport, including its installations, technical and other facilities and services as well as any charges for the use of aeronautical and communication facilities and services, shall be made in accordance with the rates and tariffs established by the Contracting Party concerned.

1. For the purpose of the operation of the agreed services, each Contracting Party shall grant to the airline(s) of the other Contracting Party the right to station personnel in the cities of the first Contracting Party where its designated airline(s) operates scheduled flights.

2. The personnel mentioned in this Article shall be citizens of the Contracting Parties.

3. The number of personnel designated by each airline shall be settled by agreement between the aeronautical authorities of the Contracting Parties.

4. The designated airline(s) of each Contracting Party shall have the right, in the territory of the other Contracting Party, and in accordance with national laws and regulations of that other Contracting Party

(i) to sell air transport freely in their own offices on their own documents of carriage, and

(ii) to appoint licensed sales agents of their choice.

1. The tariffs on any agreed service shall be established at reasonable levels due regard being paid to all relevant factors including cost of operation, reasonable profit, characteristics of service (such as standards of speed and accommodation) and the tariffs of other airlines for any part of the specified route. These tariffs shall be fixed in accordance with the following provisions of this Article.

2. The tariffs referred to in paragraph 1 of this Article and the rates of agency commission used in conjunction with them shall if possible be agreed in respect of each of the specified routes between the designated airlines concerned in consultation with the other airlines operating over the whole or part of that route. The tariffs so agreed shall be subject to the approval of the aeronautical authorities of both Contracting Parties.

3. If the designated airlines cannot agree on any of these tariffs, or if for some reason a tariff cannot be agreed in accordance with the provisions of paragraph 2 of this Article, the aeronautical authorities of the Contracting Parties shall try to determine the tariff by agreement between themselves.

4. If the aeronautical authorities cannot agree on the approval of any tariff submitted to them under paragraph 2 of this Article or on the determination of any tariff under paragraph 3, the dispute shall be settled in accordance with the provisions of Article 17 of the present Agreement.

5. No tariff shall come into force if the aeronautical authorities of either Contracting Party have not approved it.

6. The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than twelve months after the date on which it otherwise would have expired.

1. All the accounts between the designated airlines shall be done in convertible currency.

2. Each Contracting Party shall grant to the airline(s) designated by the other Contracting Party permission to transfer without any restriction to the Head Office of the said airline(s), in accordance with the rules and regulations existing with regard to currency exchange control, the profit arising in respect of its operation of the agreed services in the territory of the other Contracting Party.

1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of the present Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988, and any other Convention relating to the security of civil aviation to which both Contracting Parties are party.

2. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

3. The Contracting Parties shall act in conformity with the aviation security provisions and any technical requirements established by the International Civil Aviation Organisation and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions and requirements are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory act in conformity with such aviation security provisions.

4. Each Contracting Party agree that such operators of aircraft may be required to observe the aviation security provisions and requirements referred to in paragraph 3 above required by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party.

5. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.

6. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

7. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement within 15 days from the date of such request will constitute grounds to withhold, revoke, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Contracting Party. When required by an emergency, a Contracting Party may take interim action prior to the expiry of 15 days.

From time to time there shall be consultations between the aeronautical authorities of the Contracting Parties to ensure close co-operation in all matters affecting the fulfilment of the present Agreement.

Any dispute relating to the interpretation or application of this Agreement or the Annex thereto shall be settled by direct negotiations between the aeronautical authorities of the Contracting Parties. Such negotiations shall commence as soon as practicable but in any event not later than sixty days from the date of receipt of a request for such negotiations, unless otherwise agreed by the aeronautical authorities. If the said aeronautical authorities fail to reach an agreement, the dispute shall be settled through diplomatic channels.

1. If either of the Contracting Parties considers it desirable to modify the terms of this Agreement and/or the Annex thereto, it may request a consultation between the aeronautical authorities of both Contracting Parties in relation to the proposed modification. Consultation shall begin within a period of sixty days from the date of the request.

2. The modifications of the Agreement shall come into effect when they have been confirmed by an exchange of notes through diplomatic channels or by such other means as shall be agreed by the Contracting Parties. The modifications of the Annex may be made by agreement between the aeronautical authorities of the Contracting Parties and shall come into effect on the date or dates agreed by those authorities.

Either Contracting Party may at any time give notice to the other if it desires to terminate the present Agreement. The present Agreement shall terminate twelve months after the date of receipt of the notice by the other Contracting Party unless the notice to terminate is withdrawn by agreement before the expiry of this period.

If both Contracting Parties become parties to any multilateral convention connected with this Agreement, they may, by mutual consent, amend the present Agreement accordingly in order to bring it into conformity with the provisions of the said Convention.

1. The present Agreement shall come into force from the day of its signing.

2. From the day this Agreement comes into force, the Agreement between the Government of Ireland and the Government of the Union of Soviet Socialist Republics relating to transit flights by Aeroflot between the U.S.S.R. and the countries in the Western hemisphere with technical landings at Shannon Airport of 23 January, 1980, the Air Transport Agreement between the Government of Ireland and the Government of the Union of Soviet Socialist Republics of 29 September, 1987 and the accompanying Memorandum of Understanding of 29 September, 1987, as amended, shall terminate insofar as they apply to Ireland and the Russian Federation.

Done at Moscow, this 31 day of March, 1993, in duplicate, each in the English and Russian languages, both texts being equally authentic.

A. The airline(s) of Ireland designated under the present Agreement are granted rights to operate air services on the following routes in both directions:

Route A (i) Points in Ireland — an intermediate point (excluding any point in the United Kingdom) — Moscow, St. Petersburg and any other points to be specified later.

Route A (ii) Dublin — Moscow — points in Japan;

Route A (iii) Shannon — Moscow — points in Japan;

Route A (iv) Points in Ireland — Moscow — Tashkent (for the purpose of technical landings) — points in South-East Asia, Australia and New Zealand.

B. The airline(s) of the Russian Federation designated under the present Agreement are granted rights to operate air services on the following routes in both directions:

Route B (i): Points in the Russian Federation — an intermediate point (excluding any point in the United Kingdom) — Dublin, Shannon and any other points to be specified later;

Route B (ii) Dublin — Moscow — points in Japan;

Route B (iii) Shannon — Moscow — points in Japan;

Route B (iv) Points in the Russian Federation — Shannon — points in Western hemisphere.

C. Notes:

(1) The right of the designated airline(s) of one Contracting Party to transport passengers, cargo and mail between the points in the territory of the other Contracting Party and the points in the territory of third parties, as well as conditions for the operation of the route between Ireland and Japan, mentioned above shall be subject to an agreement between the aeronautical authorities of the Contracting Parties;

(2) Only one airline may be designated by each Contracting Party to serve the routes between Ireland and Japan specified in A (ii) and (iii) and B (ii) and (iii) above;

(3) time-table, frequencies and types of aircraft of the designated airlines shall be agreed upon between the aeronautical authorities of the Contracting Parties;

(4) points in South-East Asia on the route A (iv) mean points in Pakistan, India, Sri Lanka, Bangladesh, Myanmar, Thailand, Kampuchea, Vietnam, Malaysia, Singapore and Indonesia;

(5) charter, extra and non-scheduled flights are subject to preliminary application of the designated airline(s); this application to be submitted at least forty eight (48) hours before departure, except weekends and holidays.

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